2) If a retaining wall is attached to a building or if a building foundation is directly dependent upon the location and design of the retaining wall it is to be included in the building permit for the construction of the building. Remember he for court! He has planted shrubs and now most of the water for those shrubs in between our shared fence and his retaining wall is over saturating my soil, the fence post and baseboards. We wanted to replace it and he said we need 3 bids, my wife worked for months to get 3 bids and when we presented him with these he promptly said he could not afford to replace the fence. Shouldnt they have to replace the fence since they removed it? They want us to pay for 1/2 of the repair. Our property is the lower one and theirs is the higher one. (I believe youve already tried this approach and it failed?). I wish I could help you, if you live around the Concord, CA. Complete Guide To Retaining Walls and Your Home | Square One But, our neighbor says that vinyl fence is the cheapest. But over the years, their sprinklers, trees planted too close and their own children caused the fence to be constantly in a state of disrepair. If it is on your property and you are sure of it (please make 100% sure) then yes you can go ahead and do whatever you want with it, such as tear it down. We offered to replace it along the Western boundary as a courtesy and allow their cattle to continue to graze on our prospective land. Spoke to the neighbor again, told him I want to move the fence to the property line, first he said fine as long as its a block wall, so we got estimates but that was too much, so then he said we could move my fence to the property line, and then yesterday changed his mind again and said do not remove original fence! I figure if its on mine I have complete control although I will most likely make enemies with my neighbor. When you show up for court be prepared with the pictures, the bids, a copy of your check, a copy of the 30 day notice and proof of service, as well as a copy of Code of Civil Procedure section 841. My partner and I ran across this different website and decided to take a look around. Seismic Earth Pressure . Do not do so! Were going through a similar situation. Minimum Requirements for Retaining Wall/Level Backfill | Development Do we owe anyliability and responsibility to the neighbors? Hello, My neighbor installed a 6 foot rod iron fence with brick pillars which is about 3 to 4 inches on my property The fence is only about 15 feet long and was installed years ago. Does this mean both neighbors are responsible for the cost of the retaining concrete wall as well? I sent the neighbors a demand letter as they would not answer the door to us for several months of trying (nearly a dozen times). RETAINING WALL DESIGN - egbc.ca The fence is attached on two sides to my neighbors existing fence. We both had existing wooden fences, about 12 apart. The Folsom Municipal Code adopts, by reference, the 1997 Uniform Building Code (UBC). (on their property) We were never asked to pay for any of it. Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. I told him I would also throw my neighbor a bone. Also, I dont agree that this information only benefits the contractor, IT DOES NOT! Regardless of the permit requirements, it is important to follow the manufacturers recommendations for each block type since the allowable wall heights vary significantly for each block type. Labor to build a retaining wall costs from $50 to $75 per hour. That could mean you document the bad shape of the fence and just build it exactly on the property line, while leaving the bad fence on his property, and then send him a bill for half. They would then have the law on their side and if they went through the proper steps outlined above, most likely would win a judgment against you. Am I still responsible for half? In California, two people whose properties border each other are both required to maintain an existing fence between the properties, with only a few exceptions. Unless the fenceless owner someday decides to fence in his own property benefitting from the already existing division fence. What other option does a homeowner have if their fence is failing miserably and needs replacement immediately, yet their neighbor refuses to pay a dime? If there is a better option out there please let all our readers, as well as I, know! One side of my fence is 630ft of that side 220ft of the fence are a neighbors backyard privacy fence that the builder put in. Especially since they are quite a bit more expensive and in theory will last a lifetime. Please let everyone know if you have any ideas as to another route to take. 32 of additional fence along the property line serves the neighbor alone as his gate is closer to the front of his house. The neighbor is requesting I pay for all the materials which is half the estimate and she and her handyman friend will do the work. While you really cant fix the past, what I would do about the future is document the damage caused by the debris (showing the fence areas without trees and debris), and then ask them if theyd like to keep the fence cleaned off monthly, or would they prefer to split the cost of a lawn care service company to come and keep it cleaned off using a leaf blower. I will now finish the fence, pay 100%, block his view of my yard, and recapture my privacy. First off, it might end up looking funny as often different fence companies use different grades of wood from different suppliers as well as have their own building techniques which may not match the other contractors. Do your neighbors not agree on fixing the fence, what contractor to use, or the price? Building a Retaining Wall: 8 Dos and Don'ts - Bob Vila If the failure is due to encroachment by my neighbors trees, should they bear the full cost? The fence does not enclose their front yard but is still a neighboring fence. As far as extending the fence, as long as it was built on the boundary line between your two properties, I do not see why you couldnt continue the fence off the post where he ended the one he built. Surprisingly I get a txt from the neighbor that he doesnt approve of the vinyl fence and wants a wooden fence because he feels it makes his house look bad. 9. "At the basic level, a retaining wall is a structure that holds or retains . Assuming your neighbor will pay half is incorrect. A typical cantilever reinforced masonry (or concrete) retaining wall will utilize a footing with a thickness of at least 12 inches. Should you have any questions, please stop by the public counter of the Building permit section of the City Hall. Wed be up for taking down the existing fence down and adding new planks to our side of the new fence but arent sure about it since its 4 inches away from the original fence. I stated I was not the owner at the time, but I was willing to pay half. Despite this, many neighbors will downright refuse to pay a penny towards the costs. This is no less true in California, where houses are packed closely together and neighbors like to maintain their privacy. He set the first two panels on the slope with good side facing him. No fences. Join for use: the attachment of another fence to the boundary fence Never allowed us to consider disparate bids. I have a shared fence with my neighbor and we plan to share the cost of the fence equally. I would send them a letter certified mail with return receipt requested (for proof should you need it down the road) to immediately stop[ all harassment against you, state that you will not be paying them a dime as you were not the homeowner at the time of replacement, and should they wish to take you to court, go ahead! Our backyard fence (100) is on or rear neighbors front yard side fence. We agreed not to touch their ground, but to build a scaffold around our sidewall, and not touch their ground. I understood and said whatever wood you do your fence we can get. Rotting, Warping, Splitting and Twisting Wood and How to Prevent it! Am I responsible for half of 75 of fence on the property line, or only half of 43 of fence that serves me? If he asks, and you dont want to pay for any of the fence I would just repeat what I have said here, and that should be the end of it! ( Remember, we were never approached about this at all. What if the adjacent property is an apartment complex? They did not inform us and did ask for us to help pay for the fence. A new fence is going up tomorrow. Joel I wish I could be of more help but this is a question outside my area of knowledge. Only one of them communicated this to us. The fence is leaning and needs to be replaced. We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. I enjoy what I see, therefore Ive decided to follow you. Maldri, I would recommend that you try and sit down with your neighbor and explain to them that the wall they built along with the overwatering is causing the fence to fail prematurely and see if they are willing to make the necessary changes to prevent this from continuing to take place. what if my dog runs off? But we do not like the look of vinyl fence. I have been a general contractor for nearly 20 years, a carpenter longer than this and a construction law attorney for over 10 years and I can recall the uphill neighbor being responsible for a retaining wall on only rare occasions. Retaining wall Definition & Meaning - Merriam-Webster Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? Now Im waiting for a response but Ive already put down a deposit and the contractor seems like a good guy so Im not completely worried that I cant get my money back. We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. I live on a hill and a fence that is about 30 years old exists between my neighbor and me. They claim they sent us a letter with some sort of ultimatum, but we never received any letter. Structure footings supported by the retained soil Both property owners own the fence erected between the property lines when both use it. Do we have to go along with my neighbors choice because they can prove that vinyl fence is cheapest with written estimate. This is why I believe it is best in your situation to try and come to an agreement amicably with your neighbor! Nat, yes you are correct. He charge me $80 that I paid him because I am tired of being harrassed. We had no say in the decorative fence. The most common dispute is who will incur the costs and whether or not there should be a shared responsibility due to the equal benefit the fence will have. I never paid any attention to it until he but he recently attached a 3 foot rod iron fence to extend the fence to the sidewalk in which he put on his property. I toll my husband to get if fix with out any response from him. If the neighbor has a fence around his house, whether he likes it or not, a court will find that he benefits from the fence. Putting up walls can be a good thing. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. Unfortunately there is a gap of 10 to 12 inches between the fences and all kinds of weeds, bushes and trees are growing inside. Im looking forward to returning to your website. We didnt do anything about it, as we didnt want to cause problems in our first year here. As the law is on your side, the case is a sure win, as long as you followed the proper procedure outlined above. They always ignored them, I eventually thought they just dont care and I made it clear Im not looking for any money if they cant afford it. If it is a party wall both parties are equally responsible for the repair. This year the fence is leaning towards our house and part of the fence is on the ground, my wife got 3 bids and has contacted a contractor to build a new fence she sent a letter to the gentleman to tell him we are going to replace the fence and He sent us an e mail and I quote as for sending me a bill for my portion of the fence, since I personaly did not agree to participate in the replacement there for I will not pay anything. Any advice on how to proceed or deal with this overbearing representative? You can state you will fight them in court. PDF Retaining Wall Stability and Maintenance - Sunshine Coast Regional District I am on disability and cannot afford to even split the cost really. If this sounds familiar then your in the right place and your problem is soon to be solved with The California Good Neighbor Law also referred to as California Civil Code 841 or The Good Neighbor Fence Act of 2013. A retaining wall is a wall designed to resist lateral earth and/or fluid pressures, including any surcharge, in accordance with accepted engineering practice. When building a tiered set of retaining walls, position the higher wall behind the lower wall at twice the distance as the height of the lower wall. You bring up replacement due to aesthetics and upgrading a fence? My neighbor put up a wooded fence 6 inches from the property line on their side of the property. To keep the peace, we planted shrubs that created a barrier between our lawn and THEIR fence, so nobody can get to their fence from our side. This height does not include the wall and depth of footing below grade. Are we under any legal obligation to pay him a penny? Who knows, if this were allowed to take place a neighbor could hire their cousin lets say and pay him whatever fee and then later claim the costs were way higher than actually paid in order to make him or his family member/ associate some extra money. I had not notified him yet of the contractor doing the job as it just got scheduled. Hi RC fencing! Even more important than that is I believe many contractors would not want to get involved with something such as this due to another company building part of a fence they built, so if there are problems down the road, all of a sudden they might take the blame for another companies poor workmanship. Boundary fences, or division fences, must conform to fencing laws established by local ordinances and CC&Rs. The back line of our fence lined up with all the adjacent neighbors fences who also border these townhouses in that development. 215-579-9390. I bought a newly built home in 2000. My question how do I attach/extend to the existing fence (which the neighbor project managed/paid in his name)? Most would agree that, yes, in most cases, splitting the cost is the right thing to do and fair. He offered to remove our old wooden fence for $600.00. The amount to pay is not a small amount and it can take a long time to collect. But did not want to go through our contractors. And her contractor for one year. You need to stand your ground, tell him you will not be paying for any of the costs of the wall, or anything else for that matter. He said he could not pay half only $600. Structural Calculations wet stamped and signed by a California registered civil or structural engineer (or standardized engineering calculations and ICBO Evaluation Report for applicable segmental gravity retaining walls). The only issue is now you must collect the amount ordered to be paid to you. Wood retaining walls (with or without a fence) with an exposed wall height of two feet or less, where the retained soil does not support a surcharge (i.e. The walls can be designed as cantilever walls, or receive additional lateral support from anchors or bracing. One section however that was falling down was simply wooden boards. Posts were like new pressure treated and totally solid as they had been replaced about 7 years ago. I told him that this was not my fence, and explained the history. In other words, it is no longer capable of serving its intended purpose, i.e. Adjacent vehicle loads supported by the retained soil Solid fences that are attached (or directly adjacent) to a retaining wall also impose additional lateral forces on a retaining wall when wind pressures act on the fence. Melissa, very good question. They had a 5 day notice from time of the written letter to the fence being repaired. He was not nice when I went out to talk to him about it. Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. Yes, the 30 day timeline still applies, but I would have to imagine a judge would take the extenuating circumstances into account. I bought my house last year and my neighbors decide to redo their fence . Actually, under the law, any maintenance to keep the debris from the trees off the the fence could be billed half to the neighbor. Would have to agree with Potential Customer partly. The wall design shall be prepared under the general responsible charge of a California registered structural engineer. Never asked for financial help. ), As he approached my wife in such a critical harsh manner I feel less inclined to offer him anything. So, if you have a hillside property, then you are responsible for ensuring that the soil on the slope on your property is effectively restrained with retaining walls. Such a bizarre situation, youd think that any homeowner in their right mind would prefer a fixed fence over one that is collapsed. First off, they cannot tell you not to touch the fence at all, the fence as long as it is on the property line is both your neighbor and your property and therefore you have just as much right to it as they do, whether or not they paid for it. You can also let them know that their best bet at recouping some of the money would be to go after the previous owner of the house. Essentially, neighbors are required to refrain from doing anything to their land that undermines a neighbor's land; or if they do, they're required to shore it up properly at their own expense. You need to tell him he is harrasing you and you will not stand for it. I appreciate your advice. My question involves real estate located in the State of: California. If this sounds similar to your situation then I believe our article can be very helpful. Every state interprets use differently. There better be good reasons other than make my yard look better. If you are inferring above that another option would be to repair, then you have missed the actual basis for this article. Lastly, the neighbor failed to serve the notice to you. margin-top: 10px; Having said this I can see where he is coming from, many people are still on the fence as to whether they like the look of vinyl fence yet. Read on to learn about property line and fence laws in California. The neighbor is bullying you in order to make money off you. Who is Legally Responsible for a Retaining Wall My question involves real estate located in the State of: CA (unincorporated Alameda County) I am the uphill homeowner, my neighbor is the downhill owner. #gallery-1 { Except on the front portion which is in my front yard. The wood fence is failing and needs repair or replace but we have zero need for that privacy fence meeting their HOA requirements. Ninety-five percent of Californians live in urban areas. I text him to have proof and he calls me to answer do I have no write that he agree to go half. Your next step is to file a lawsuit against him in small claims! Entire enclosure: the property owners entire property is enclosed by the attachment of other fencing to the boundary fence He also damaged a small two foot retaining wall that serves in that corner of my yard as a decorative feature as well as a way to halt erosion. I have owned my house since it was built, in the early 70s. Is there anything I can do to stop neighbors from bullying me? My city (Fresno) does not have a code or requirement for the neighbor splitting the cost. sorry for the crappy neighbor, youd be surprised how common this really is! The new question that arises is if the fence is directly on the property line or on his side what approach do I take to this? Nat, I am slightly confuseddo you mean none of the fence contractors are willing to take on the job without both homeowners consent? Certified letter of intent Our situation is different then all the comments I have read. He agrees to go half on the material (over the phone) its done and now he not telling me when or how he can pay me. The other 400ft i f that line of fence is livestock open space fencing. Yet, if the yards were already fenced in previously, and if you have other fences connecting to the one in question, you are more than likely going to get a judgment against you for half the cost. } His tenant dog Kill my dog. If they dont listen, then you can inform them you are monitoring and documenting the issue and when the time comes to replace the fence you will not be paying 50% of the costs due to their actions causing the premature failure. What happens then? : 2022121 california civil code 841 retaining wall 2022121 california civil code 841 retaining wall Not only did you not own the house when it was replaced, but even if you did, they would have to give you a 30-day notice if you refused to pay half. Of course, like many laws there are exceptions. width: 50%; If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. Construction details, including retaining wall cross section. That being said I believe if you are set on getting a vinyl fence you have two options. I am willing to pay for fixing the fence as needed but it does not need to be replaced with a new fence. The wall was apparently put up to create a level lot downhill from my property so another house could be built. If your in need of a new division fence between you and your neighbors adjoining properties, and a dispute arises, you may be at a lose of what to do. I have offered to help with the labor and split the cost 50/50. I have issues with that because the old fence had the planks on my side. That or they will have to take it to small claims court where you will then be able to plead your side and hopefully you have kept pictures, notes, correspondence between you and neighbor as all this will be very important to your court case. It leaves me in this terrible circle. What can I do Im being harassed. The scenario where the uphill neighbor would be responsible for a retaining wall is when he fills his yard so that it is level. retaining wall: [noun] a wall that is built to keep the land behind it from sliding. UBC 106.2, item 5 states that: A building permit shall not be required for retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge . They put up white posts and rails, tan slats. The judge will side with you; you are in the right in this case! A retaining wall supports the land and is designed from bricks, timber, masonry, concrete bags, or suitable material. You need professionals to come up with a solid design for the retaining wall and you need them to execute it. If you are looking for a contractor in the San Francisco bay area to construct your retaining wall, be sure to contact Montclair Construction. The fence does not enclose their front yard but is still a neighboring fence. I noticed this when it was almost done. Deferred approvals will not be permitted. It blocks NOTHING in only on their side, which is why they want it done. ( I had 300 to 500 in mind) He mentioned that was very nice and most neighbors would not do this. If you have ever sat through a small claims court session you undoubtedly saw at least one litigant going after a neighbor to pay for half of a fence. How do I keep the gap clear or how can I get my neighbor to allow a new fence on the property line (since he has 2 large dogs it cant come down without his participation)? Not your property, not your fence. Also, the fence was still in decent shape and we hadnt planned on replacing soon. They replaced it a couple of times, and eventually changed the style to a more traditional looking front yard fence. 30 years ago, the original owner of this neighboring house decided to build a 2-to-4 foot retaining wall (30-feet long) at his cost without consulting with me. In that case, he has to pay the other owner for one-half of the already existing fence. The quotes Ive gotten for a survey are from $750 to >$6000 depending on how much work they need to do, well in excess of the cost of replacing that portion of the fence. Can she insist on a new fence and I have to pay for half? Can my neighbor legally stop me from replacing the fence until we do a survey? The neighbor verbally agreed to this via texts and I sent quotes via texts. It just appeared one day. Sheets of steel are driven pneumatically in to soft soil in the tight access or flood zones to create an area of excavation, Its Usually deigned by a Structural Engineers, some times including tie backs. Do you need a French drain on your property? All the Best. I have video documentation of the damage . They said that would be a civil dispute amongst neighbors. The pool has nothing to do with it. The owner of the property that the retaining wall is located on is responsible for the retaining wall. Yes, your right there is a defense one could present in court to fight the assumption that they owe half. For example, in the area where you live, all of the houses have had fenced yards going way back to the 1950s. He has not responded to my texts since May as to when he will replace the fence. This morning we came to see that the townhouses HOA just took it upon themselves to remove the back wall so now we no longer have a back fence wall! I want to replace our fence and sent multiple notices to our neighbor south of us. Would we lose in small claims court? All dogs get out. Fence it up and intact. Without It is not something that NEEDS to be done. I kind of felt backed into a corner and found myself becoming a bit defensive to where I dont even wanna deal with this representative for the rental company.